Judge: Stevenson should be remanded to disabilities agency

Amanda Celestine Stevenson, 97, thanks Senior Judge A.W. Nichols III following an appearance in his courtroom on Thursday morning, Dec. 20, 2012. Stevenson is charged with second degree murder in the 2011 shooting death of Johnny Rice, her nephew.

Amanda Stevenson left court Thursday morning with a smile and a wave for Senior Judge A.W. Nichols.

The 97-year-old St. Augustine woman finally received a ruling on her future that doesn’t include jail. She is facing a second-degree murder charge for shooting her nephew Johnny Rice on Sept. 25, 2011.

After receiving a recent psychological evaluation, the state and the public defender’s office reached an agreement that Stevenson suffers from a mental disability and should be remanded to the Florida Agency for Persons with Disabilities. Nichols agreed and asked defense attorney Raymond Warren to draft an order.

“Thank you so much,” Stevenson said to Nichols when the hearing was over.

In previous court appearances, Stevenson has often appeared agitated and has been heard muttering often-inappropriate things during the proceedings.

She has also appeared frail in the past, using a wheelchair or a walker.

But Stevenson was walking without assistance Thursday. And while she still had a tendency to speak out of turn, Stevenson seemed mostly pleasant but curious about what was going on around her.

At one point, she got Warren’s attention at the defense table to ask him a question.

“We’re trying to get you out of jail,” he told her.

“Thank you,” she replied.

While it’s unclear how much Stevenson understands about the ruling, she has made it clear in previous court appearances how unhappy she has been in the St. Johns County Jail.

She had already been ruled incompetent to stand trial, but until Thursday, there was no agreement as to what to do with Stevenson.

Part of the problem was because Stevenson’s situation was unique, and it was difficult to figure out which law actually applied.

“I’ll admit things are confusing,” Nichols said.

The most recent psychological report diagnosed Stevenson as having frontotemporal dementia. According to the Mayo Clinic’s website, that malady is defined as “an umbrella term for a diverse group of uncommon disorders that primarily affect the frontal and temporal lobes of the brain — the areas generally associated with personality, behavior and language.”

But even that determination by doctors didn’t give a lot of guidance to the court.

“The legislation simply hasn’t given us a legal definition of dementia,” Warren said.

He said “the worst place she can be is jail” and asked the judge to include dementia as part of a mental illness/mental deficiency determination.

It was argued that only such a ruling would allow Stevenson to get placement in a setting in which she could receive some kind of help.

Assistant state attorney Robert Mathis agreed. Stevenson can’t be prosecuted because of her mental state, but she certainly can’t be released without some kind of supervision.

“Every expert has agreed she’s a danger to herself or others,” he said.

Although Thursday’s ruling does potentially finalize Stevenson’s situation, nothing will change immediately — if at all.

Although Warren left court in the morning to begin work on the motion for Stevenson’s transfer, she probably won’t be moved until Nichols issues the order in January.

Even that might not cement Stevenson’s future. The Agency for Persons with Disabilities could challenge Nichols’ ruling and refuse to accept her, which could begin the process again.

Placement has been a difficult issue for months.

In a May hearing, Judge Wendy Berger said of Stevenson: “Obviously, she’s not competent.”

Berger then listened to testimony from a pair of psychologists, Dr. Roger Davis and Dr. Jack M. Merwin, about her condition.

She also heard testimony from Jane Almy-Loewinger, assistant regional legal counsel for the Florida Department of Children and Families (DCF). Almy-Loewinger told Berger that Stevenson was not a good candidate to send to the mental institution at the Florida State Hospital in Chatahoochee because there was little hope of her regaining mental competency.

Almy-Loewinger recommended a nursing home or “Baker Act facility” as a possible placement for Stevenson.

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Society has failed both Ms.Stevenson & Mr. Rice. Mr. Rice took his aunt Ms.Stevenson in to his home because no one else would either because of her illness or lack of available social services. Moontan is right, justice would not be served by allowing her to rot in jail until she died, nor would it bring back Mr. Rice. As a society we need to treat our elders much better than we now do.

Overpaid psychologist? Have known many psychologist during my career, having required their services in my field. Cannot think of one that I would describe as "overpaid". Could it be you simply have no respect for the profession? Or do you have documentation that provides substance to the charge? No offense to your conclusion, but just wondering why you feel that way regarding mental health providers. Most psychologist I worked with for 30+ years had a minimum of Masters Degrees, many with post masters work, from well respected accredited universities. Generally they made about the same salary as a comparative public school teacher. I might also add they were, by and large, a very caring, hardworking, compassionate group of people. If I am not wrong, one of that profession died defending children at Sandy Hook Elementary.